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HomeMy WebLinkAboutOrdinance - 2018-O0102 - Annexing Vacant Land For Andra Jean Sanders - 09/13/2018First Reading August 23, 2018 Item No. 7.3 ORDINANCE NO. 2018-00102 Second Reading September 13, 2018 Item No. 7.12 AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS APPROXIMATELY 100 ACRES OF LAND OUT OF BLOCK AK, SECTION 3, LUBBOCK COUNTY, TEXAS, WITH SUCH AREA BEING CONTIGUOUS TO THE EXISTING CITY LIMITS; PROVIDING FOR THE CORRECTION OF THE CITY MAP TO INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS. the City Council of the City of Lubbock (the "City Council"), received from the property owners of an area of land contiguous to the city limits (tile "Area"). an agreement in lieu of a written petition requesting the annexation ol'lhr Area into the boundaries ofthe City of Lubbock (the '-Agreement''), with a copy of the Agreement being attached to and incorporated herein as "Exhibit A" and WHF,REAS, the City Council, at its regularly scheduled meeting oil August 23, 2018. lie Id a public (tearing (tile "Public Hearing") about the Agreement where the City Council hcard arguments for and against the annexation of the Area; and WHEREAS, through a Resolution approved by the City Council at the Public Hearing, the City Council approved the Agreement and directed that the annexation of the Area contemplated in the Agreement he ClIc :plated through this Ordinance: and WHEREAS, the City Council deeans it to be in tine best interest of the citizens of the City of Lubbock to annex the Area into the City of Lubbock through this Ordinance: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Area is hereby annexed into. and included within, the corporate limits of the City oi' Lubbock. Texas. Such Area is depicted and described in the attached "Exhibit A." and is incorporated herein for all intents and purposes. Such Area is contiguous to the existing corporate limits of the City of Lubbock. Texas. SECTON 2. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part O the Area. Should this Ordinance Im any reason be ineffective as to any part or parts ol' the Area hereby annexed into the City oi' Lubbock liar t'ull purposes, the itiel'fectiveness of this Ordinance as to any such part or parts shall not afi*ect the effectiveness of this Ordinance as to the remainder of the Area. SECTION 3. THAT the City Engineer, or his designee. is hereby authorized and directed to correct the snap of* the City of Lubbock by .adding thereto the Area annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance:. The City Secretary and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries oI'the municipal corporal ion. inc lLid ia1g this annexation. SECTION 4. THAT upon the effective date ❑f' this Ordinance, any current or lllUire inhabitant of the Area shall be entitled to the rights and privileges of other citizens of'the City of Lubbock. Texas and shall be bound by the acts and ordinances adopted by the City of Lubbock, Texas. SECTION 5. THAT should any paragraph. section. sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION b. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on August 23, 2018 Passed by the City Council on second reading on ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: r AJ Fawver, Director of Planning 13, 2018 DANI EL M. POPE, MA APP OVER A5 TO FORM: KLfli Leisure, Assistant City Attorney Ord. Annexation -- Sanders Petition Annexation — 8.10.18 8.10.18 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. AGREEMENT IN LIEU OF PETITION FOR ANNEXATION THIS AGREEMENT IN LIEU OF PETITION FOR ANNEXATION (the "Agreement") is made by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), and Andra Jean Sanders (the "Owner") (sometimes individually the "Party", collectively the "Parties") acting by and through the Parties' representative officers and officials, and is entered into by the Parties on August 23, 2018 (the "Effective Date"). RECITALS WHEREAS, the City Council of the City of Lubbock recognizes the continued population growth and migration trends in the City of Lubbock; WHEREAS, the City's Annexation and Growth Advisory Committee (the "Committee") made findings that annexation of certain areas within the City's extraterritorial jurisdiction would benefit the City by allowing for orderly development of residential, commercial, and other types of properties; WHEREAS, at its regularly scheduled meeting on August 6, 2018 the Committee heard a presentation in favor of the annexation of the property described and depicted in "Exhibit A" (the "Property"), and the Committee recommended that the Council begin annexation proceedings on the Property; WHEREAS, through this Agreement, the Owner petitions the City to annex the Property; WHEREAS, the City Council finds that this Agreement satisfies certain annexation requirements under Section 43 and Section 212 of the Texas Local Government Code; and NOW, THEREFORE, the City and the Owner enter into this Agreement for the consideration of the conditions and promises contained herein. AGREEMENT Section 1. State Code Provisions: Annexation. This Agreement is a development agreement drafted according to the provisions of Section 212.172 of the Texas Local Government Code, and this Agreement constitutes, inter alia, a voluntary petition to the City for the annexation of the Property under the provisions of Section 43.052(h)(2) of the Texas Local Government Code, without any further action on the part of the Owner or the City other than the City's actual annexation of the Property by ordinance. The Parties agree that this Agreement satisfies certain provisions of Chapter 43 of the Texas Local Government Code, including, but not limited to, the requirement of the City to offer a development agreement to a property owner under Section 43.016 of the Texas Local Government Code. The Owner may terminate this Agreement, and by doing so, withdraw the voluntary petition for annexation, at any time before the effective date of annexation by providing written notice to the City. Where this Agreement follows a State Code Agreement in Lieu of Petition Annexation — Sanders — 8.06.18 Page 1 provision that may conflict with a City Code provision, the State Code provision will apply. The City agrees to provide written notice to the Owner that the City has enacted an ordinance approving the annexation requested under this Agreement, upon the occurrence of that event. Section 2. Identification of the Property. The Property is described as the property owned by the Owner within the boundaries of the area described and depicted in Exhibit "A" attached hereto and incorporated herein by reference. Section 3. Application of City Planning, Inspection, and Zoning Authority. The City's planning, building inspection, and zoning authority will be extended to the Property only upon the annexation of the Property. Unless otherwise allowed under State law or City ordinance, the execution of this Agreement by the City does not authorize any development initiatives on the Property until the Property is annexed by the City. Section 4. Annexation not Contingent on Capital Improvements. The Owner acknowledges that annexation of the Property contemplated under this Agreement does not create an obligation or requirement that the City provide to the Property any capital improvements including the construction of street, sewer, water, or storm water infrastructure. Such capital improvements may be provided to the Property only after the annexation of the Property, according to the City's capital improvement plan, and subject to funding available to the City to implement the City's capital improvement plan. Section 5. Provision of Services to the Property Upon Annexation. Upon the annexation of the Property, the City will make available to the Property the services of the City's Police Department, Fire Department, Animal Services Department, Planning Department, Solid Waste Department, Building Inspection, and all other like services that would be provided to a similarly -situated property within the city limits. Section 6. Term. This Agreement shall automatically terminate on the date which is six (6) months after the Effective Date, which shall be February 23, 2019, or upon the annexation of the Property, whichever shall occur first. Unless otherwise specified in this Agreement, upon the termination of this Agreement neither Party shall have any obligations under this Agreement, and the Owner and the Property shall be free of and unencumbered by the requirements and restrictions set forth in this Agreement. Section 7. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of Lubbock County and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of, and be enforceable by, the Parties. Section 8. Form and Delivery of Notice. Any notice required or permitted under this Agreement shall be in writing and shall be delivered in Agreement in Lieu or Petition Annexation —Sanders — 8.06.18 Page 2 hand, by facsimile, or by registered or certified United States mail. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid and electronically mailed. Either Party to this Agreement shall be entitled to change its notice address upon notice to the other Party delivered in accordance with the notice provisions hereof. The Parties shall receive notice at the following addresses: CW ofLubbock: W. Jarrett Atkinson, City Manager 1625 131h Street Lubbock, Texas 79457 Section 9. Enforcement. Owner. Andra Jean Sanders 707 E. CR 7700 Lubbock, Texas 79423 sandersa(@sptc.net Owner's Attorney: Nolan Greak n rg eakeereaklaw.com This Agreement may be enforced by either Party by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. The failure of either Party to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers, except as expressly set forth herein. Section 10. Entire Agreement and Severability. This Agreement constitutes the entire agreement between the Parties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Owner, with respect to this Agreement. If any provision contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, then the remaining provisions shall be deemed severable and shall remain in full force and effect. Section 11. Section Headings, Subheadings, and Recitals. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. Each of the recitals contained herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement. Section 12. Counterparts and Modification of Agreement. This Agreement may be executed in two or more counterparts, each of which shall constitute an original. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. The City or the Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of both Parties, and approved by the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the City or the Grantee from its obligations under this Agreement. Agreement in Lieu or Petition Annexation — Sanders — 8.06.18 Page 3 Section 13. Governing Law and Venue. This Agreement shall be governed by the laws ofthe State oi" l'cxas. Venue shall be in the State courts located in Lubbock County, Texas or the United States District Court for the Northern District of Texas, Lubbock Division. The City shall not be subject to any arbitration process for any dispute that might arise under this Agreement prior to exercising its unrestricted right to seek judicial remedy. Section 14. Third Partv Activities. Nothing in this Agreement shall be construed to provide any rights or bcnclits whatsoever to any party other than the City and the Owner. Section 15. Right to Exercise. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. To the extent of any conflict between this provision and another provision in. or related to, this Agreement, the former shall control. Section 16. Assianability. The Owner shall not assign or transfer any interest in this Agreement to any entity other than Wooded Forest, LLC, without the prior written consent of the City. Notice of any such assignment or transfer shall be furnished promptly to the City. Section 17. Chapter 2270, Subtitle F, Title 10, Texas Government Code and Senate Bill 252. The Grantee warrants that it is in compliance with Chapter 2270, Subtitle i:. 'Title 10 of the 'Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Texas Senate l3ill 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. IN WITNESS WHEREOF, the Parties hereby enter into this Agreement as of the Effective Date. FOR: THE CI Y DANIEL M. POPE, MAYOR SIGNATURES FOR: THE OWNER Agreement in Lieu or petition ,lnnc%ntion — 5nnders — 8.06.18 Pate 4 A•r•I*EST: Reb ca Gama, City Secretar APPROVED AS TO CONTEUT:, Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: W144 � Kelli Lcisurc, Assistant City Attorney Agreement in t.ieu or Petition Annesotion — Sanders — 8.0638 Page 5 NOTARIZATION Qv (! f Lubbock State of Texas § County of Lubbock § This instnunent was executed belitre file on 'U.V . by �J D-11 ♦141 %emu Ur of*theCity of* Lubbock. a Texas municipal corporation. on behalf'of* said lr .r corporntion. (ED CAITLYN E. ENGLISH Notary Public, State al Texas Nary IDt 13165641.1ary Pu is y Cwnjsi on Expires 07-25.2022 Andra Sanders State of Texas § County of Lubbock § This instrument was executed betitre me on �_ 204—, b. Andna �Tr,nsndwz DUf %%M Owner. RENEE GAUMOND Notary Public. Stoto of Texas Comm. Expires 03.30.2020 - ''•, ���t+�,�` Notary ID 11923305 Notary Public Agreement In uru of `anden - 8.06.311 1111gc 6 EXHIBIT A The Property — Metes & Bounds Description Agreement in Lieu or Petition Annexation —Sanders — 8.06.18 Page 7 Metes and Bounds Description on a 100.00 acre (4,356,000 sq. f3.) tract of land out of Section 3, Block AK, Lubbock County, Texas, and being more particularly described as follows; Beginning at point in the intersection of 146th Street and Quaker Avenue and in the present city limits boundary as described in Ordinance 2016-00054 and 2015-00012 for the Northwest corner of Section 3, Block AK, and for the Northwest and beginning comer of this tract; Thence East, with the North line of said Section 3 and along the present city limits boundary in Ordinance 2015-00012, a distance of approximately 2640.00 feet to a point that is the Northeast corner of the West one-half of Section 3, Block AK, for the Northeast corner of this tract; Thence South, with the present city limits boundary in Ordinance 2016-00054 and the East line of the West one-half of Section 3, Block AK, at a distance of approximately 660.00 feet leaving said city limits boundary and continuing with said East line, a total distance of approximately 1646.23 feet to a point for the Southeast corner of this tract; Thence West, a distance of approximately 2640.00 feet to a point in the West line of West one- half of Section 3, Block AK for the Southwest corner of this tract; Thence North, along the West Line of West one-half of Section 3, Block AK, and the present city limits boundary in Ordinance 2018-0002, at a distance of approximately 986.23 feet joining the city limits boundary in Ordinance 2016-00054, continuing a total distance of approximately 1646.23 feet to the Point of Beginning. The Property — Map Depiction Agreement in Lieu of Petition Annexation — Sanders—8.06.18 Page 8 w Nor SUBOMOEO COW., 2008029MB w£Sr LIN£ S£CnOIV J N-S 1646.2Y OUAK£R AVENUE w� z 0 7 0 ;o O 0 N O yO na Z� �J r----------Ir-----N-S I I I /AFD" sou I o I I noomoN I II I ----------, II I I tna II I I I1 I L----------Ji I 1646.23 r---- ^ - -- ---------1 „- - - - - - ----dal I ~ �I V I I - o Ir---- r � — — lyl o`er J I II --------- hI II I Qr r I II V� I I I I IL---------J L------------- PREPARED FOR: ROBERT WOOD AND / . CIVIL ENGINEERING TREY STRotio SKETCH FOR ANNEXATION LAND SURVEYING GN A 100.00 ACRE TRACT OUT OF SECTION 3. AMD +o. uC Phum: W&77I4M Fax DRAWN BY: JON BLOCK AK, LUBBOCK COUNTY, TEXAS Ubb d. X 7 sum so0 79a2a e910176 a 1x uc aw. FYm s tottesao JOB NUMBER: 18135 Awjmcy • EBaeM - InIeBR1N